I am a homeowner and I have paid the contract price in full. Can someone please validate this lien and see why it is on my property? Thank you.
There are several things you should do right away:
1. Check your records to see if the subcontractor or supplier who filed the lien sent you a Preliminary Notice by certified mail. If they did not, they have NO lien rights, You or your attorney should write them a strong letter demanding that they release the lien immediately. I always include the necessary Release of Form already filled out with the letter because many contractors don’t know how to take a lien off. I’ve written many of these letters and they work probably 75% of the time. If they don’t sign the Release of Lien and send it back to you, you can file a petition with the court to get the lien removed, and the subcontractor is liable to reasonable you for your attorney’s fees.
If the subcontractor did send you a Preliminary Notice by certified mail, I would ask the sub for copies of their invoices to see whether or not the Preliminary Notice was timely sent to you. If not, a strong demand letter should be sent demanding that they release the lien immediately on that basis.
2. You should also contact the general contractor and tell him that you expect him to take care of this lien and get it released since you paid him in full, and see what he says. Make sure you put this demand in writing, even if you speak to him on the telephone first. Tell him you want it taken care off immediately or you will take legal action against him.